Marriage is a legally binding agreement between two partners that allows them to join in their lives, responsibilities and finances in pairs. But what if the marriage simply doesn't work and one or both partners want to get out of the deal? According to the Thai law, marriage is officially terminated by the death of one of the partners or by the legal dissolution of the marriage.
Thailand and Divorce
Early Thai literature shows that in Thai Buddhist society women had the right to divorce their husbands who treated them badly or committed adultery. In 2002, more than 1 divorce occurred in 1,000 countries, with about 6,500 divorces per year, reflecting growing economic power and the mobility of women in modern Thai culture. However, according to a recent article by Somchai Preechasinlapakun, Professor of Law at Chiang Mai University, women are still more likely to raise their children, less support for their ex-husband. This is in stark contrast to Western countries, where parents often fight cruelly for their children.
Another phenomenon in Thailand is the mixed marriage between Thais and foreign nationals. Most of these marriages are between Thai women and foreign men, and some online estimates say that 50% of this type of marriage ends when divorced. Explanations include different cultural expectations and communication difficulties. However, if forums and web messages follow, we also suggest that some marriages are used to exploit foreign financial assets and divorce when they are discovered or when assets run out.
In any case, and for whatever reason, divorce can be a very difficult and painful time for both divorced partners and their children and other relatives. Increased divorces lead to ever-growing single-parent families and have a negative impact on children's happiness and safety.
How Does Divorce Work in Thailand?
Like most jurisdictions, Thailand recognizes the difference between peaceful and controversial divorces.
A peaceful divorce is simply one in which both parties agree to terminate the marriage.
Such divorces are very easy to obtain because there is essentially no legal conflict between the two parties. In order to divorce in Thailand, both parties must go to the local district office (Amphoe), where they recorded their marriage and declared their intention to divorce before two witnesses. They should sign, identify, and pay processing fees and answer questions about agreed financial support and supervision for children arising from their marriage.
The whole process is quick and easy, as long as both parties prove peaceful and accept the procedure.
In the event that one of the spouse partners refuses to accept the divorce, the divorced partner should apply to the court for divorce on one of the following legal grounds.
Grounds for Divorce
1. The husband has given a married or financial reservation to another woman, or if the wife has committed adultery.
2. A partner is guilty of a crime or other crime.
3. One partner has suffered physical or psychological damage to the other.
4. One partner rejected the other person for 1 year or the couple lived for three years.
5. One partner has disappeared for 3 years.
6. Maintenance and support are not provided properly.
7. A partner was incredibly crazy for three years.
8. One partner broke the binding of proper behavior.
9. A partner has an incurable, infectious disease that may affect the other.
10. One partner has a physical disadvantage that hinders the coexistence of husband and wife.
We recommend looking at Section 1516 of the Thai Commercial and Civil Code to find a list of causes under the Thai law.
It appears from the above list that there are interpretable grounds for divorce, which means that the party's submission must be convincing against the other. This often occurs in cases where the divorce proceedings may be ugly and the truths are distorted.
It is important to note that:
1.The Thai lawyer must give the divorce to the Thai court
. 2. The lawyer may act by power of attorney but must be present at the court when his case is heard. the divorce was officially declared final in your district office
Sharing assets and debts
The Thai law distinguishes between pre-marriage, personal property and marital property (sin) som rot), and maintains that they are separated at the time of divorce. This means that even before the marriage is negotiated, you have survived your marriage, while things accumulated during the marriage are evenly distributed. Marriage agreements have also been recognized in Thailand and are mostly used to determine which property belongs to the parties to the marriage, so it becomes clear in the case of divorce. Marriage agreements may also protect you in case of divorce abroad. Under Thai law, asset management can also be defined in a marriage contract.
During friendly divorces, partners can decide for themselves whether they will keep children or share shared supervision. The term "supervision" often refers to "parental authority" but may also refer to "physical custody" of a child. These are different under Thai law. Both parties have parental authority, that is, the child decides on education, religion and others, while only one party can receive the child's physical detention.
In controversial divorces, the courts determine which of the parents will keep the custody of the children and in which case they will pay the maintenance (child support). In some cases, one party tries to qualify as the other parent. If it is proved that the party in question may endanger the child or has committed a crime or a serious crime, the court may terminate the custody of the child from that parent.
It is important to work with a lawyer to protect your rights as a parent in the disputed divorce proceedings, but remember that Thai judges rarely separate the child from the parent. In other words, joint supervision is generally allowed because it is in the child's interest to maintain contact with both parents.
Spousal Support (also known as "Alimony")
Payment is legally known as "keeping", payments from one party to another can be settled or can be held in court order. This is usually the case when one party significantly reduces the quality of life after the divorce, but the reservation does not have to be permanent. In general, the payment should be ordered for a specified period of time, so that the host party becomes financially independent and allows the two parties to be fully separated. In Thailand, the courts rarely give loyalty to one of the spouses, but the common property between the spouses is separated. (50% -50%)
Protection from Divorce Risk
Of course, the best protection against divorce risks is to ensure that you have a spouse with a partner. knows well and fully trust. However, in the case of inter-cultural marriages, this can be extremely difficult, especially due to language barriers. One way to do this is to examine your potential spouse. This sounds unusual, although an honest man has no fear and can ask his Thai partners to work with his background to both be peaceful before marriage.
The marriage agreement, as mentioned earlier, is another way to protect your interests if the marriage fails. In Thailand, prenups are heavily used to determine the pre-marital property of the two partners and to adopt a case law that would follow the divorce law if necessary.
Property, Benefit Agreement, Rental Agreement or Super Loans are common tools to protect the rights of foreigners living in Thailand. As foreigners cannot own their own land in Thailand, the land that a couple lives in is always owned by the Thai partner. In the event of a divorce, the usufruct agreement allows the foreign partner to continue to live on the ground during your lifetime or for a 30-year renewable opportunity.
Divorce is rarely a happy or joyful occasion, but for some marriages it is the ultimate and only remaining solution that allows both partners to fail to connect their lives. Keeping the dissolution of the relationship makes the divorce easy for the partners and children involved to be easy to implement and easier. However, some marriages end badly and even lead to divorce. If you need divorce in Thailand, make sure you work with a lawyer and know your rights, especially with regard to childcare, to protect your family and finances.
Source by Sebastian H Brousseau